♪ free at last, free at last, thank god almighty i'm free at last ♪ ♪ one day, one day i was walking along ♪ ♪ thank god almighty i'm free at last ♪ ♪ yeah, i'm free at last ♪ ♪ free at last ♪ not note thank god almighty i'm free at last ♪ ♪ i'm free at last, thank god almighty, i'm free at last ♪ ♪ imus in the morning ♪ >> good morning, everyone, on this third anniversary of

"varney & company." bullet to the head, that is a movie hollywood's latest all violence all the time offering. how about "a good day to die-hard" or "gangster squad" if you were watching football you saw those heavily advertisement. despite newtown, and heavy pressure on the gun industry, violent hollywood movies walk away unscathed. not a single gun control proposal even mentioned hollywood's celebration of violent. a culture of violent entertainment, that's free speech we're told and therefore, you cannot touch it. own a gun, exercise your second amendment right and you are reviled. you're dangerous. a cynic might conclude all the hollywood support for obama paid off. we're not cynics, we're realists, we know that money talks and we do know hypocrisy

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>> good morning, everyone. if you thought tax the rich was over, please think again. in a new budget, senate democrats reportedly want more taxes on the rich and more taxes on oil and gas companies and hire of taxes on corporations make money overseas and charles schumer make more for taxes on meet the press yesterday. >> we need the money and second, a great opportunity for us, in our budget, we will have tax reform many my republican colleagues like, but it will include revenues and a great opportunity to get us more revenues to help in part deal with sequestration and deal with-- >> senator schumer. stuart: you have a great opportunity. so that's where we are headed and the next four years does indeed kick off it had. for a moment. look back. the president's policy mass been to spend more, tax the rich and

protect the debt. in 2009 the debt was a little over 10 trillion and nod it's skyrocketed. it's over 16 trillion and it will be 17 trillion by this fall. the number of people on food stamps way up. in 2009, 33 million. today, that number all the way up to 47 1/2 million and still rising. we're not done with this. a little later, eric bolling joins us, what does he think about even more taxes still to come. and hollywood's free pass on guns. and super bowl will be a family affair? yeah, the big story line leading up to the big game, brothers born about a year apart coaching each other-- coaching against each other, i should say. jim harbaugh the 49ers. john harbaugh, the baltimore ravens and 49ers, a favorite.

speaking of family reunions, we're celebrating three years, glorious years of "varney & company." my, how time flies. and we have a special mystery guest coming up in our next hour. you can probably guess who it's going to be, but we're not going to give it away. 10:45 eastern, special third anniversary reunion. thanks for the wonderful comments, by the way, that have indeed been pouring into the facebook page and i'm going to give awe couple. kathy writing in to say, where were you-- where were we before you? like that. thank you for coming on fox and making things understandable when it comes to the economy. thank you, we appreciate it. and this from john, i dvr your show every day, like your range of topics and style and we like the company. thank you. and grant, he's made an investment in fox business just for "varney & company." quote, i had to pay $10 per month more for my dish tv service to get fox business news. well worth it. even on a fixed income. thank you, grant. he we appreciate that.

we'll read your comments throughout the show today and play you some favorite memories what we were doing the last three years, like this. my pen just disintegrated. [laughter] and don't know how that happened. and it just collapsed in my very hand here, i'm penless. look, if you have copd like me,

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>> what is this a pirate gun? >> old school. >> like you, right? >> right. >> i guess you've done it before. >> well, did you watch those football games yesterday? did you see commercials like that, almost every one had a trailer like that one that we just showed you for a shoot-em-up, guns blazing action movie. guns in your face while you're watching football. the hollywood lobby outspends the gun lobby 20-1 in washington and look what happens, hollywood gets a free pass, it even gets tax breaks. a lot more on this is coming up later in "varney & company" and

then there's the movie promised land where wicked oil companies rape the environment with fracking, that's the process that could lead america to energy independence. environmentalists do not like it, but guess in, our next guest says he's spoken to some environmental officials who say they found no evidence that fracking contaminates ground water. he is troy murdoch, a fox news contributor, and welcome to the program. >> thank you. happy anniversary by the way. stuart: thank you, you've been a part of it. you've spoken to environmental officials and am i right, they haven't found a single example where fracking has contaminated ground water? >> it's amazing, when i researched the article in the new york post, and usually you have environmentalists-- or celebrities that come up with environmental cause and they yell and scream on one side and regulators on the other side saying here is the evidence to backup with the celebrities are

saying, a one-two punch. in this case you have matt damon and yoko ono, saying fracking is the most dangerous and lisa jackson is saying she cannot name one example of ground water contamination, and said it a couple of times before congress under oath and the u.s. geological survey did research on fracking in arkansas, looked at 127 wells a keep of week going, no evidence of ground water contamination. stuart: this movie "promise land", with matt damon, there are scenes where farms are burning. >> a toy farm, this takes before a bunch of kids in a classroom and covers with a household chemicals and causes it to flame and saying that it burns it to a crisp. scary stuff. and oil and gas regulators, people in texas, ed rendell, former governor of pennsylvania says that fracking works well and he urges the state of new york with fracking, not just

republicans, these are democrats who are saying that this thing is safe. stuart: because new york is sitting on top of huge deposits of natural gas, the marseles shale under new york state. >> yes. stuart: they have not given the okay for it. in fact, they may say, no, you can't frack, can't get at the natural resources, that's a decision that's going to come up within a month? >> new york state has been studying and studying and studying this and may study some more and there are people in upstate new york people-- are unemployed and-- >> you make the judgment for me. the power of celebrities, yoko ono's of this world and matt damons of this world and environmental extremists and the pot of gold. who is going to win in new york state. >> i hope reality and the pot of gold would win, new york state needs the revenue. stuart: they do, but judge--

you've got a guy like andrew cuomo, a guy who thinks he wants to be president, he think he makes them happy and studies it and then once again study it more. stuart: but they'd be walking away from billions and billions a year. >> billions. and this is money that could be used to shore up defenses against the next hurricane that may come in and destroy parts of the new york city and may put in seawalls and pay for it that way, that would be a brilliant idea. there's job creation and natural gas that would help us reduce our dependency on oil from areas like algeria, just this weekend an american killed. stuart: and there are massive oil reserves you could get at via fracking. >> and in california, the gas regulator, it's been going on for many years, and-- >> you've done your homework.

>> i quote 11 environmental regulators and a study where they talked to 15 states and not one, not one example of ground water contamination due to fracking and this is a much better case than expected i thought i'd find two, three, four examples. zero, absolutely none. stuart: will you keep us informed on this? i'm dying to see what new york does on this one. >> so do i. stuart: thank you. >> sure. stuart: if the hostage situation in algeria tells us one thing, we need to be more energy independent. we've got that. and next hour, cia covert orangeses officer, mike baker joins us, and energy independence in the realm of terrorism and the shaky countries in north africa. we'll be back on that one. time is money and quickly, headlines, all of the headlines involve big personalities. lawsuits involving energy drinks continue to rise. the man you love to hate, or you hate to love, depending which way you look at it.

attorney, mark lanier is going to join us. which drinks would he go after. and we will the top mobster in all of russia gunned down in the middle of the moscow. i want to know is russia actually run by the mob? we have an expert, a professor, no less. he studies the russia mob and he's going to be on this program today. told you, great show. take a hook at the dow since president obama took office, up what, 65%. a lot of people point to this as proof that the president's policies are working and first inauguration just under 8300 and now 13-5. but many in the mainstream media credit the president for the stock market taking off. you can bet that charles payne has a lot to say about that and he will next hour. watch out, everybody, are you taking money out of your 401(k)?

a new report shows that more than a quarter of you are raiding your 401(k)'s, just to pay your bills. joining us now, katherine, the v.i.p. of 401(k) education and advice at charles schwab, welcome to the program. >> thank you for having me. >> granted, it's not a good idea to take money out of your 401(k) early. i understand that's he not the right thing to do, but i put it to you, in this economy, a lot of people have no choice. what do you say? >> well, you're going to have a hard time getting me to say it's a good idea, but i understand that sometimes it's the last resort. what i really think that individuals should think about is if you're going to take that loan, if you have no other choice, make sure it's part of a long-term plan, and at schwab what i would mean by that, as you're paying back that loan, make sure you're doing things an emergency savings funneled. stuart: hold on a second, katherine, a distinction, if i

have pa 401(k) and i take a loan out from it, that's one thing because i pay that loan back and i'm paying with interest and i pay the interest to myself. i don't think that's such a bad thing and done it myself in the past. there is a difference, however, between taking a loan and just flat-out taking the money out and spending it on a vacation and never putting it back in again, because that way, you will pay a significant penalty, you'll pay tax on it and you really do not have it back again for your retirement. so there's a distinction between a loan and flat-out withdrawal. isn't there? >> there is a distinction, between with a loan you're paying it back and paying it back to yourself. people say what's the problem? there are still consequences. you're paying that loan back with after tax money. and then when you take it out again, when you take it out at retirement, it's taxed again. so, that's not a good consequence. the other thing i see people doing, when they take a loan out and they're trying to balance that loan repayment with their other bills, they quit saving in

their retirement plan and that further compounds it. stuart: when i saw that statistic, a quarter of our viewers, people generally, are taking money out early, that's a real danger signal for what comes -- what you need when you actually retire, 59 1/2 or later. a danger signal. i'm sorry we're out of time. it's a good subject, a real warning shot across the bows for a lot of people. thank you for joining us. >> thank you. stuart: great. remember, we want to hear from you, sends your e-mails varney@foxbusiness.com we're going to read quite a few of them on the air today. they're not done taxing the rich and they're letting hollywood off the hook when it comes to gun violence. this is president obama's second term agenda. eric bolling on the way in, do you think he's happy about taxes and a free pass for hollywood? i don't think so. . >> the women, the children. >> dad, you gave me your word.

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>> headline of the day in fot not the day, the week, the year. they're not done taxing the rich. oh, no, senate democrats pushing for a raft of new taxes on businesses and corporations overseas and yes, on oil and gas companies, too. eric bolling is here the co-house of "the five" on the fox news channel. welcome back. >> thank you, sir. stuart: i got a shock, because i thought when that fiscal cliff deal was done, and we'd raised taxes on the rich, we'd imposed new taxes on everybody, new taxes on the rich. i thought we were done with that, but no, no, we're going to come back and tax them some more. i mean, do you believe this? >> yeah, well, yes, stuart, that's the history. democrats have done at that throughout the last four years of president obama's term. remember now john boehner and president obama had a deal the

first time, the first time with a the debt ceiling 600 billion dollar number they came to and agreed to john boehner went over to the white house and ready to sign the deal and president obama said, no, make it 800, and moved the goal post and the mouse democrats say we'll punt this, kick the can down the road until april, the debt ceiling, let you raise the debt ceiling and violate the things we promised we wouldn't do to the people that elected us. in return, you guys, senate democrats come up with a budget and you haven't passed one in 1300 some days. chuck schumer says i'll make a deal and take you up on the offer guess what, in the new budget we're going to tax more, tax all you people to agreed to the deal that they just came to january 1st, that deal is done we'll keep that and give another, another bite of at that apple. stuart: this is a financial issue. it's a budget issue, so they need a straight up or down vote in the senate and the democrats

have a majority in the senate, but i'll put it to you, a couple of democrats there, who are going to say we're not all for more and more and more taxes because we know what it's going to do to the economy. it's not a done deal, is it? they're pushing for it, but it ain't done. >> listen, harry reid, remember when john boehner was going to bring the vote to the house and he didn't have the votes after he'd said i'm going to bring the vote to the house. i have a suspicion that harry reid wouldn't bring it to the senate floor until they're sure it's a done deal. there's something important to understand here, too, besides additional taxes. we've already raised taxes on people making over $450,000 a year and just about everyone else because payroll taxes went up and everyone's paycheck is smaller, if you haven't looked be, check out your paycheck, but obamacare, raised taxes on everyone obamacare and taxes go higher and the democrats seem willing to continue that trend.

stuart: i'm shocked that higher taxes are coming down. actually, no, i'm not. i expected it. i've got to talk to you about hollywood. i'm sure you're watching football yesterday and i certainly was and saw the trailers for the violent movies. >> bullet, die-hard-- put to the head. stuart: wait a second, you know more about this than i do. if i'm the not mistaken, not a single one of those proposals on gun control mentioned hollywood, not at all. and hollywood is a huge contributor to the obama team. >> do i see conflict of interest or hypocrisy? >> no, you don't see that, you see knowing where your bread is buttered, what side of the bread is buttered. and president obama, inform joe bai biden, met with the violent video game makers and four recommendations doing through congress and 23 with executive order he wanted to sign in

action. none of them, not a single one of them addressed hollywood. there was one executive action that addressed the violent video games and was through the national institute of health and see if there was any link between violent video games and violent behavior among people. one out of 23 and none of the four. and none of them hit hollywood because some of president obama's biggest bundlers are katzenburg, weinstein, tarantino, et cetera, et cetera, so, these guys are free to make violent movies, but you know, no recommendations. stuart: i went to see "zero dark thirty" friday afternoon, loved it a great movie. >> great movie. stuart: as i was sitting there waiting for the movie to start they ran three trailers from three upcoming movies. >> yeah. stuart: i was in a big screen, now, movie house. unbelievable violence, right coming-- >> can i -- here is my opinion on this and i've said it on "the five." i don't blame the guns

for killing the people, i blame the shooter. i don't blame the video games and the movies. it's the shooter that are responsible for killing people. you can't blame the guns, can't blame in my opinion the video games and can't blame hollywood for the mass murders going on. >> study after study that says there's a link between what kids watch and do on-line and on the videos and their attitude towards violence. there is a link. >> perhaps. there's probably a closer link that shows that of the mass murders that have been committed in the country, maybe there's a stronger link to mental illness drugs that the shooters are taking or have taken in the past. stuart: are you in favor of breaching the privacy they've currently got between patient and therapist, breach that privacy so that the police are warned if someone is violent or-- >> no, no, that's a leap i'm not ready to take, i'm still in favor of the doctor-patient privacy intact. last thing you want is people

who want help not to go because they're afraid they will be on a registry. i'm saying we need to study i the link between the psychiatric drugs and an occurrence of mass murders and if there is some sort of link, then, you know, i don't even have the answers, but i will tell you i don't think it's pulling guns off the market because we show that violent crimes go down with-- we like you, eric, thanks a lot. good stuff. >> thanks for having he me. stuart: one of the richest men in the world says he has no need of more money. what does bill gates mean by that. liz macdonald and charles payne about to take their seats this monday morning. ♪ can't buy me love, can't buy me love ♪ ♪ buy you a diamond ring my friend if it makes you feel all

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>> there she is. oh, she's leaving again. >> no, how about this one when you go down the stairs? and goes like this. >> yeah, he does. >> and i think you'd like, retro sounding, you know, going around

town with the girl i love ♪ the kind of song, sort of retro. and or it's down-- >>. stuart: nicole is off today and we couldn't do "varney & company" without her. down at the new york stock exchange. i've got comments you've been pouring in to us about our third anniversary. here we go, bill says love your show, been a faithful viewer for the west coast, thank you. charles is a great co-host and you make a good team. cat says, you always pack so much useful information into your show and i love the company, especially charles and liz. you will be first rate reporting. a lot of love for charles and liz, not much for me, by the way. they are with me today. hang on a second, got something about bill gates here, he tells the british newspaper, the telegraph, it's a good paper, by the way. he has no news for money. quote, i'm certainly well taken care of in terms of food and

clothes. money has no utility to me beyond a certain point, utility entirely in building an organization and getting the resources out to the poorest in the world. so here we have yet another billionaire who does not care about us strivers trying to get up in the world and paying low tax rate, charles. charles: i don't take as much issue with him as i do with warren buffett. i don't hear him raising taxes on a guy making $250,000, he says i've made my legacy, and a house worth $150 million. money does to a certain extent mean something to him ands he' talking about eradicating a disease that haunted mankind. and warren buffett the ultimate hypocrite. stuart: i have withdraw my venom. >> his father is the recent-- bill gates father. bill gates, jr., his wealth is the the size of ecuador, 65 billion. giving away 28 billion of it, but puts himself up for criticism when he makes statements like that especially

when he's using the money for underground swimming pool music and the like, so there is utility for those kinds of things. stuart: excellent liz. charles and liz together again. and golfer phil michelson is leading his own tax revolt. as a resident of california. he is next.

stuart: good morning everyone. golfer phil mickelson has had it

with taxes. he's a california native, and he's not happy. he now has to pay a higher federal income tax rate, a higher medicare tax, and more tax on profits, dividend and interest, plus the new and much higher california income tax. he's losing, he says, 63 cents on the dollar. and he says there will be drastic changes, maybe leaving the state. but wait, phil, you ain't seen nothing yet. the obama team wants to tax the rich some more. the democrats must get a budget through the senate soon, and leading democrats want it to include yet higher taxes on wealthy people, oil and gas companies, and corporate profits. you thought we were done with raising taxes? wrong. tax more. don't cut spending. and ignore the debt. that's what's coming for another four years. stuart: monday january 21st, mar

thin luther king -- martin luther king day. we're talking taxes, hollywood hypocrisy and we have the guest you hate to love all coming up. along with this company, e -- elizabeth macdonald by popular demand is back and so is charles and payne. here we are with varney & company. here's a direct quote from professional golfer phil mickelson, if you add up all the federal and you look at the disability and the unemployment and the social security and the state, my tax rate 62, 63 percent so i've got to make some decisions on what i'm going to do. charles, liz? any thoughts from you, liz, first of all? liz: i think the rate is going to go up even higher, more than 70% in coming months because of obama care and what california is doing. california is the worst state in the country when it comes to taxing the upper brackets, gets two thirds of its revenues from the income tax. at the same time, it is doing

accounting things, like taking special funds at a time when it's 181 billion dollars in state retiree benefits. that's what it faces. stuart: they think by this proposition 30, raising the top rate to 13%, on state income tax, they think that's going to bring them in, what is it, 6 billion dollars in extra revenue? liz: about that, yeah. stuart: if people like mickelson leave and others leave, they don't get the money. liz: they won't get it. the state is already saying you know what we're not going to get as much from the upper brackets, from the facebook ipo remember that one, they have already lowered that amount. stuart: they've already downgraded how much they think they will get. charles: phil mickelson, he wants to stay there, his family is there, his business is there, he's got to maybe withdraw investments -- stuart: he grew up there. charles: right. this is the crazy thing. this is someone californians are proud of, he's proud to be there, they are forcing the guy out, they are pushing him out. you can't take all the earnings that someone makes and tell them

to stay. it is not going to happen. liz: you can tell he doesn't want to leave. stuart: he's a san diego guy, as i recall. he doesn't want to leave. they're pushing him out. charles: they are. it is crazy. stuart: we have more on this coming up later on. thank you very much indeed. where are we now? listen to this please, senator chuck schumer slamming the nra, quote they sure are a fringe group, but whether enough of my colleagues are ready to admit that, i'm not sure. they are a very extreme group. they don't even represent average gun holders. a fringe group with more than 4 million members, 250,000 new members in the past month? we reached out to the nra this weekend, and here's what they told varney & company in response to senator schumer. quote, direct, the nra has higher approval ratings than congress or hollywood. senator schumer should really try to keep up with the news. all right, a little sarcasm there. speaking of hollywood, we've been talking about the new movies being promoted during the football play-offs yesterday.

all of them action movies, guns all over the place, we will talk to a gun control advocate about this later this hour. one more thing on guns, remember the suburban new york city newspaper that published an interactive gun permit map? it's taken that map down, not due to two recent robberies in their area, apparently, but three days after the state enacted a gun control law that included privacy provisions for permit holders. that's our wrap on guns this monday morning. time we brought you something completely different. a mob assassination in russia. we're going talk about it because when the top mobster in all of russia is executed in broad daylight by the way it is a big money story. a professor at nyu is here. he is an expert on the russian mob. professor, welcome to the program. >> good to be here. stuart: would i be wrong if i went so far as to say that the mob actually almost runs russia?

>> you'd be half right, good academic answer. because in part the mob runs russia. they're very very heavily penetrated in local and national policies. but the flip side is how far do the political leaders run the mob? the thing is in russia these days business, politics, crime, it is very hard to tell the difference. stuart: you analyze this, this is what you do. are you telling us that the russian government controls the mob almost as an arm of government? really? >> let's just say there's arrangements, there's deals. there's the mobsters, they are different from government. but it's clear that favors are made at times. it's clear that at times the government says we don't want you to do this, and suddenly organized crime doesn't do that. it's very clear that it is a pretty close relationship. stuart: who was the guy that was assassinated? was he the top of all mob bosses? >> he wasn't the boss, but let's say he was one of the top figures. in some ways i think he was really important because he was

the last of the old school gangster. and nowadays, the kind of leader who is rising up, they're not the old style, they're sharp suited. charles: i read an article that the whole culture in russia celebrates the mob. they build them up and have tv shows about them. like everyone there is just enthralled with the mob. >> it is a big deal. it's also in some ways russians are almost proud of that, there was a really big blockbuster movie, in which a russian gangster comes to america, and basically kicks the stuffing out of the american gangsters. liz: why was this mobster shot?

>> he got his money from everything. in a way, he was no longer someone who actually got his hands dirty. he had a big network of people from everybody to drugs, women, through to embezzlement. he was shot basically because the russian underworld is going through a period, this is new generation of younger russian gangster who thinks it is time they took over. stuart: 20 seconds left, are they active, these russian mobsters in america? >> absolutely. above all they are fraudsters, they are ripping medicare apart. white-collar crimes. they're smart guys. stuart: we are out of time for this round. are you going to come back and tell us about how the russian mob is ripping medicare apart? do you feel safe walking around the streets saying this kind of thing? professor, nyu, thank you very much for joining us.

>> my pleasure. stuart: come back again. >> i will. stuart: take a look at the dow, please. since president obama first took office at his first inauguration, just below 8300, now well over 13,600. it's been a roll recently as well. many of the mainstream media credit the president for the stock rally. however, charles payne is here. you don't agree with that. charles: no i don't. i think the market has rallied despite president obama. stuart: why has the market rallied? charles: i think a, it was oversold. in october of 07, we were over 14,000. we went from 14,000 to 6600, extraordinarily oversold, too much panic, too much fear. now with the kind of growth we're seeing, i think it primarily comes from growth around the world. stuart: what about ben printing money? charles: that's another part. liz: headline news breaking now the federal reserve balance sheet is going to break through the 3 trillion mark -- stuart: wait a minute. the federal reserve's balance sheet -- liz: that's the treasury purchases, purchases of mortgage backed security to keep the

economy afloat. stuart: does that mean they have printed 3 trillion? liz: it means they have put that in bank reserve, essentially yes. stuart: that means they are pushing a lot of money out into the country. liz: sitting back at the federal reserve earning money. charles: that factor i don't think has kicked in yet. wait till that kicks in. that is going to kick in later on. you will see a frenzy at some point in the stock market. i had a woman sign up for the service on saturday. she lost 7 million in 08. she's finally coming back to the market. i'm hearing more and more stories like that. the last six weeks it's been amazing. also getting inflows into the market now the ben bernanke factor is going to kick in somewhere down the road real soon. stuart: you think the stocks go up 2013? charles: i think so. stuart: do you want to put a number on that? charles: not a number, but i'm going to try to make some money. stuart: this is the new style varney & company, make some money. [laughter] stuart: charles thank you very much indeed. throughout the show we're playing some of our favorite clips from the first three years of varney & company.

we couldn't introduce our next guest on this special anniversary without showing you this. >> i have your seven early movers for you, after each one, i will pause and ask mark if he's ever sued the company that i'm talking about. you sued them? >> i've sued them and represented them. >> you sued gm? >> i've sued gm. >> don't tell me you have ever sued apple. [laughter] >> conflict of interest. >> actually i have sued them. >> caterpillar? >> i won a 56 million dollars verdict against them year before last. >> go ahead. >> everybody has sued wal-mart for one thing or another. >> so the seven early movers, you've sued five of them? >> yeah, i need to get to work. i'm short two. [laughter] stuart: i've got to say, in the three years that we have been on the air, i think that was my favorite interview with our favorite guy mark lanier. that's who he is. he's a lawyer. he's a lawyer. we want to start -- he's on the phone with us now, by the way. we want to start with this, the

divorce lawyer -- mark are you following this case? >> he should have had his law license taken away when he had trouble buying cocaine from a client in the 90s. stuart: that's the end of the story. that's as far as you want to go mark lanier? this lawyer has really had it, has he? >> yeah. he's got too much time on his hands. he's in trouble. stuart: you're not going to touch this particular lawyer with a 10 foot pole. okay. we've got it. i want to switch to something different. a new study finds that emergency room visits tied to energy drinks has doubled since 07. you lawyers in my opinion, you're going to kill the energy drink industry with lawsuits, aren't you? >> we may. we may.

not kill it, but at least get it in line. stuart, you ought to be commended on your three-year anniversary for following this story. you had me on this back in october of last year, when that poor maryland girl got in trouble and lost her life on this. and i told you then, i would bring a lawsuit against them to force them to put warning labels on their drinks and say don't mix this if you're taking ritalin, don't use this if you're taking this drug or that drug, and i said it then, i will say it again, they're in trouble until they start putting warning labels on there. stuart: so you sue the energy drink makers, you walk away with the money, and the consumer gets a warning label, and there are warning labels on everything so we don't read them, is how that it is mark? >> well, i hope that i would get paid for suing them, but even p if i didn't -- even if i didn't, i'd do it as a public service. they ought to put the warning label on there. it would probably take i don't know 5 to 10 million dollars investment, they're well funded

and the american beverage association stands behind them, so it would be a monumental lawsuit, hopefully one that would pay for its time and investment, but regardless, it would certainly do a public service. stuart: well, we don't always see eye-to-eye, mark, and we certainly don't on this one, but it's been a pleasure having you on the show over the last three years. mark lanier, thank you very much. we appreciate it. he's gone. did we drop the call? i really do like the guy. in three years dr. marc siegel has been a regular guest on this program and the one story he has perhaps spoken about more than any other, obama care. we're talking about that next. plus, a big hospital finally reopening after superstorm sandy. >> how did you feel when the hurricane hit and they had to close the hospital? >> very nervous. all that kept going through in my mind is where am i going to have my baby? i was comfortable coming here. i was very nervous, and then the first day that you guys opened, and my water breaks. [ male announcer ] where do you turn for legal matters?

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stuart: remember the iconic gaming system that introduced games to the world? filed for chapter 11 bankruptcy for its u.s. unit. it plans to start selling in the next few months so it can split from its parent company info games. atari started to make some money after a move to mobile games, but not enough. bankruptcy. from video games to tv, the

original 1960's batmobile sold at auction for more than, do you believe this, 4.6 million dollars. it has a bat phone, bat smoke, can do 180 degrees bat turn, because of the two par suits on the car -- parachutes on the car. 4.6 million. is that a lot of money? boeing executives and federal investigators are starting to look into a string of incidents surrounding the 787 dreamliner. investigators say the battery voltage was not the problem, okay? not the problem. talk to siegel in a moment. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

stuart: another case of massive disability fraud. a doctor on long island new york pleading guilty to a massive scheme where long island railroad workers pretended to be disabled so they could get extra benefits. the official complaint says the doctor recommended more than 700 employees for disability for nearly a decade. liz, you followed the story. how much did this cost the disability system? liz: nearly a quarter of a billion dollars -- more than a quarter of a billion, 233 million bucks went out the door because of this disability fraud. this is a crisis in search of a leader. we have disability payments hitting record amounts in this country for government workers. stuart: if i get or anybody gets a disability pension, the pension is higher than a regular payment -- pension, and if i'm not mistaken, it is free of tax at the state level. certainly true of new york? liz: yes, it is generally true for states. classic double dipping on the part of government workers get a disability and your pension. stuart: i think we need to

reform the system. liz: yes we do. stuart: should we call it another unintended consequence of obama care? some colleges and universities have cut the hours that adjunct professors work, that's to avoid the new healthcare rules. in the three years since varney & company's been on the air, our next guest has brought us a wide range of medical topics but perhaps none more than on obama care. dr. marc siegel joins us now. doctor, you started with us three years ago, longer than that, actually, throughout those three years, you told us that obama care is a disaster. am i going too far? >> stuart, it all started on this program when someone said in my ear, one of your senior producers said, it isn't about care. it's not about extending care to more people. it's about extending insurance. and once i started thinking about it that way, i understood it because insurance right now is an overinflated product. when you talk about more and more preventive services, more and more bells and whistles, more and more things covered,

less and less payment out of pocket, it is the whole problem with the entitlement society. people say i got the card. i'm going to go get taken care of, but we have a doctor shortage. we don't have the ability to see people like this. the thing wasn't conceived of in a doctor's office. it was conceived in a bureaucrat's office. stuart: i thought we went into healthcare reform to get basic costs down. it's manifestly failed to do that. it's actually raised the cost of medical care, treatment, and insurance for everybody, if i'm not mistaken. >> how can it bring the costs down? insurers if they want to stay business are going to raise premiums to compensate for the increasing cost at a time of great technology. if you want to use the technology, i think a lot of the technology is going to get squeezed out by obama care, but whatever technology remains in is expensive. so the costs get transferred on to the consumer. stuart: so it's a form of redistribution. it's redistributing the wealth basically using the healthcare system to do it. >> because you try to cover -- exactly. you try to cover everyone with a

product that really not everyone can afford. stuart: all right. i want to move on to a different subject, a real good one this one. i want to give you a pat on the back because you have been reporting on the reopening o f your hospital. is that the langone center of nyu? >> yes. that's the opposite story because that's about an entrepreneurial spirit. that's about employees with no hospital open. they were care takers like anyone to care for. stuart: it was closed because of hurricane sandy? >> there was 15,000 gallons of water in the basement. it was closed. close to a million people a year get their care there in some way shape or form. inpatient or outpatient. they had no access to care. they had no emergency services. they had nowhere to deliver their babies. no one thought our medical center could reopen in just less than two short months. stuart: but you did it yourself, i mean the people who worked there, did it. >> absolutely. stuart: did they get a big

subsidy from the government? did they get fema help? >> they got help but didn't get anything sufficient with what they needed to reopen the medical center. the dean told me, dr. grossman, that the key was the spirit, the teamwork. it was courage. it was people saying i need a place to work. i need to be able to see my patients again. that's the kind of entrepreneurial spirit we talk about on this program all the time. that's what got the medical center reopened way in advance of what people thought. you saw it on the set-up. we have labor and delivery back. we have an urgent care center to take care of this flu epidemic. you can come there with any medical problem right now and be cared for. surgery reopened. stuart: what's your title? >> i'm not adjunct. i'm associate professor. stuart: that's right. out of time, but congratulations doctor, that was terrific stuff. thanks for being with us for three years. >> this is a great program, and you are a great man. stuart: you are so right on all counts. come back. a show about the rich and it

portrays them in a positive light. leave it to the british. my take on that next. ♪

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>> when you go to the london school of economics -- it is not i who says this, it is thomas jefferson that i say anything

that was correct, mr. varney? stuart: no you're totally wrong. >> we are not talking about her majesty. we're talking about a politician. stuart: those were just some of the highlights from the past three years involving judge napolitano who is a crucial member of varney & company. remember, the celebration continues later this hour with a special mystery guest, maybe you can guess who he is. big revelation 10:45 this morning with the mystery guest. stuart: can you imagine a tv show that features rich people behaving well? and the show is a smash hit? here's my take on that show. consider this, in america today, wealth and success are reviled. the rich are portrayed as

stuart: deep down america wants prosperity. america wants wealth. that's why downtown showing the rich in an entirely different light is so successful and so popular, and that's why on this ig -- inauguration day there's a deep sense of anxiety about where we're going today with this anger and resensement -- resentment in america today and for four more years against the rich.

♪ (train horn) vo: wherever our trains go,

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charles: they don't care, they do not care. i got to tell you, i use all my new york city driving skills to get here. catching up to greece is like a game of monopoly, we would be a board walk and park place. >> i might charge a little higher, but for charles, i would give a significant discount. [laughter] stuart: good stuff, charles. we've got a lot of comments coming in because we have been celebrating three years on the air today. here's a comment from angie: congratulations stuart, you are the only fox show on either network that we watch religiously. keep up the good work.

thank you for that. diane says: stuart: thank you very much indeed everyone. good stuff. we have been talking guns and hollywood all morning. mark glaze, the director of -- is joining us now. mayor, welcome to the program. you are a mayor; right? >> i'm not a mayor. happy anniversary. stuart: thank you very much. i've got to ask you about hollywood, because i know you want a plan to get gun violence down. i understand that. i think everybody will join you in supporting that goal. but look, hollywood is not mentioned, the violent gun movies, they are not mentioned in any of the president's proposals on what to do about gun violence. what do you say about that? to me, that is a huge omission.

what do you say? >> well, look, i think a lot of people in a lot of different sectors in this country are doing some soul searching right now, and i think hollywood should be and is one of them right along with the video game industry and along with the gun industry. stuart: mark, it is not. hollywood is not doing soul searching. did you see the football yesterday? did you see those movies? >> i heard about it. stuart: right there, you're watching a football game, and what do you see? violence on the commercials. guns from hollywood promoting guns. >> let me take this in a different direction. look, you're right. hollywood should be giving itself along with the rest of the country a good hard look and thinking about whether the kinds of movies they play and the kinds of trailers that they allow the public to see that anybody could be watching are helping or hurting the culture. but look at the u.k. in that country they watch exactly the same movies and play exactly the same video games as we do here, in any given year, there's about 50 gun related

murders there. here in any given year there's between 11 and 12,000 gun related murders. it is because we make guns much more accessible than they should be to just about anybody. stuart: look, i'm with you all the way. i understand these things. i'm a brit by birth. you can tell. >> you and piers morgan. stuart: don't mention his name in the same sentence as me. america has a totally different history. they have maybe a quarter billion guns out there. britain does not. by the way, i have to point out to you something here, in britain the rate of property crime is five times greater than it is in america because a young tough who pushes his way into a building or a house in england, he's got -- a 99.9% certainty that he's not going to face a homeowner with a gun. that's why property crimes are five times higher there than they are here, what do you say? >> well, i want to focus on

violent crimes as opposed to property crimes. i'm not going to argue with you about the british or what happens there, but here in the united states, i think there's a lot that you could do, both hollywood which is, you know, a fair place to start, the video game industry, which the president did mention, but also, you know, the rest of the industries that are involved here, and one of them is the firearms industry, and they in fact are actually stepping up. in vermont you have a major gun show which is a place where licensed dealers like my dad was when i was a kid, and unlicensed dealers sell side by side. the biggest gun show promoter in vermont just stepped up and volunteered and said if you are going to sell guns in my gun show, you have to get a background check and have it done by a licensed dealer. they are doing -- if they're doing their part, i think hollywood and others should too. stuart: i think we can leave it at that. i think there is a good deal of support and sympathy for universal background checks. i think there's support for that. >> right. stuart: but at the same time, i

wouldn't want to leave hollywood out of this equation because they've walked away scot-free frankly in my opinion. >> i think it is fair. i think the entire country up to and including the people who make the entertainment that kids, my son's age, watch, have to take responsibility for what people are seeing and do their part. stuart: all right. a meeting of the minds to some degree, mark. thank you very much for joining us, mark. i do appreciate it. thank you, sir. >> happy inauguration, thank you. stuart: thank you. the hostage stand off in algeria, it is over. the algerian military stormed the bp oil and gas facility. it was taken over -- taken captive really by al qaeda terrorists. more than 800 hostages freed but at least 37 civilians died in the attack. mike baker is joining us by phone. thank you very much for being with us on such short notice. but it occurs to me that look this event in algeria could be a game changer because how do ensure that libyan and algerian

oil and gas come back on stream when these remote facilities may now be under threat? >> well, that's a very good point that you bring, stuart. i think also it's a game changer in the sense that it's one of the first times the public has been able to turn its attention to a region other than afghanistan. i mean for the past several years, we've been wringing our hands about creating a stable environment in afghanistan, and the theory then well you do that, and we have solved the -- solved the al qaeda problem. we've been saying that for years that isn't the case. the facility that was hit, you know, these companies, this is where they operate, they operate in high risk, high threat areas, and they have a very high risk appetite. they understand the dangers that are involved. but the problem is the confluence of events. the things that have been happening including libya as you

mentioned have allowed for a strengthening of the primary extremist groups. stuart: you could say this is the down side of the arab spring to some degree. it is a big down side. by the way we're just learning that three american hostages died in the takeover there. that's just been revealed just moments ago, literally. last one to you, mike, do you -- do you think it's possible to protect facilities like the one that was just attacked in algeria? they're remote. they're huge, and they are remote. >> well, you can do everything possible, but, you know, you're never going get the risk factor down to 0. the algerian military has responsibility in a large part for the security of this facility. they are very good. they are very aggressive. they are not subtle as we have seen from this hostage taking incident, but any of these facilities, you know, at some point, if they become the -- they haven't been in the past, interesting thing is the extremists in this region have

not traditionally targeted oil facilities, gas facilities, but if they do become a key focus, then the answer is, yes, the host country military along with the law enforcement and then the companies themselves, they are going to have to completely rethink how they spend their resources on security. stuart: interesting. that is why by the way oil is still at $95 a barrel as of this morning. mike baker, thank you very much indeed. see you again soon sir. >> thank you. take care. stuart: three headlines coming at you next, one of them from our mystery guest who will be revealed in a moment. we're celebrating our third anniversary with an old friend. here's a hint: >> you know i went to college with congressman's son and every time we have him on, i keep wanting to say look i want to tell you some stories about your son, but i won't do it to you congressman. [laughter] for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18.

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at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. twe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. stuart: listen to this, a new report coming out of asia this morning that apple plans to release three new iphones this year. keep in mind, this is just a report out of china. this comes after wall street journal reported that apple was cutting its iphone screen orders. very interesting report, though. one union from hostess hired a new york investment banker to represent them as the makers of the twinkie and wonder bread start to sell off the brands. the group, they will represent around 6,000 former hostess workers.

and a report that shows talks with private equity firms for a potential buyout have slowed down for dell after shareholders opposed the price of the deal. now, coming up, a mystery guest, the man who was with us -- i can't say that, he's a mystery guest. okay? he's still a mystery to me. [laughter] >> in five seconds, i'm not going to tell you who it is, but you can guess.

>> now you've got these

pretending that they are from there as well. >> buzz here. >> do you want to buzz me again? >> you make it sound so elegant. it's awful. >> is it grounds for dismissal? >> yes. do not use my shareholder money so you can get a little action on a friday night. my daughter's name is julia, and i'd kick her butt if she turned out like that. >> don't say that. >> i'm sorry, but i would. >> tracy byrnes on varney & company and she joins the company again along with charles and wait for it. there he is. there he is. >> yes! >> that is chris cotter. by the way, he's an anchor on espn. >> where the champagne? -- where's the champagne? >> do that again, the confetti

effect. just for old times sake we're going to ask for a headline from each of you. welcome back everybody. tracy, chris, and you have been here forever. chris, you have a blast from the past headline go. >> i do atari incorporated and i know you have been talking about this a little bit today, the u.s. subsidiary of atari sa which is a french company is going to file for chapter 11 bankruptcy. what they are trying to do is separate themselves from all of the debt of the french parent company. smartest decision i have heard from wall street all morning, get away from the french company. that's what they are trying to do. keep the atari brand alive. i think the atari brand itself has gone away. that's unfortunate. i think they should try to leverage off that brand. the video game crash, ever since then the atari name has been lost. >> wait a minute. can you believe this? the guy is a sports anchor on

espn, he comes back to varney & company. we give him 30 seconds. and what does he do? he does a business story about atari. >> 30 seconds. i have 5 1/2 minutes left to go. >> you failed to mention that the atari was the original maker of the only video game i liked and was able to play. >> great sports story -- there's great sports story we could be picking his brain on. the super bowl? >> i know, i want to talk about this. stuart: we have an accountant amongst us, do we not? >> yes. stuart: we brought her back. she's been on this show for three years. i believe you've got an interesting headline twist on taxes. >> i do, actually. there's a complete disincentive now for people to get married, professionals in particular because of the increase in tax rates, stuart. i mean it will actually cost me money to get a marriage certificate now.

quite frankly, you will see less second marriages in particular, why are you laughing? this is true. stuart: are you thinking about this, getting a marriage license? >> if i was, forget it now. there's no point. >> i think it will be money well spent. >> this is what they have done. you will be limited on any kind of mortgage interest deduction, real estate, if you own two properties, not to mention you happen to marry someone from wall street who trades, his trading costs he or she their trading costs will go up because there will be higher taxes. i'm telling you there will be no more marriages in life. stuart: is this guy you are thinking of marrying a wall street trader? >> the point of the story is that this is disincentivizing marriage, so much for happily ever after. stuart: disincentivizing, is that a real word? -- real word? >> that's an accounting word. stuart: charles? charles: first i've got to say doesn't chris sound even more

authoritarian? you sound fantastic. yeah, yeah. there's an organization called start up rock on, they did this thing yesterday for the inauguration, but he came on stage and he dissed president obama. if you go to the website right now, he's still up there. he went off on the president on stage and he was the headline. they put a big hook and snatched him off. stuart: wow. that's the best headline of the three i have got to say. >> that's why chris and i are gone. [laughter] i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio.

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stuart: breaking news on the debt limit. the ap reports that republican officials say the house will vote wednesday on an increase in the nation's debt limit. this is definitely a change of strategy for the house republicans. got it. according to the sec, vice president al gore recently exercised an option to purchase 59,000 shares of apple for $7.47 each. they were given to him virtually by steve jobs himself.

he paid 444 -- $445,000 for the shares that are worth nearly 30 million dollars. you want to go that with chris? do you think that's great? >> a great gift. i don't see anything wrong with it; right? what's wrong with it? it was a gift. stuart: it's al gore. >> and that's what makes it wrong? stuart: yes. >> you want me to comment on al gore getting a gift of shares and you don't want me to comment on raising the debt ceiling? kicking the can down the road once again? this show kicks the can down the road three years later we are together. i think we talked about the debt ceiling three years ago? stuart: we did. what do you think about this gift? what do you think, accountant? tracy: i think the irs is doing a happy dance, they've got big tax collections on it. >> as long as he pays taxes on it, i don't have a problem. >> save me.

charles: all i can do is echo you, i just have a big problem with al gore. stuart: thank you very much. tracy: this is why charles and i are still on the show and chris and i are not. stuart: a special anniversary highlight reel is next.